The Law Offices of L. Clayton Burgess, along with attorneys Kevin Stockstill and Brian Carlin will be working in cooperation to represent Maegan Barras regarding her recent unlawful arrest by the Scott Police Department.
Maegan Barras, was arrested for alleged ‘unlawful posting of criminal activity for notoriety and publicity‘ after she uploaded a video to Facebook of a fight taking place at Acadiana High School.
LA Rev Stat § 14:107.4
The law in question states:
It shall be unlawful for a person who is either a principal or accessory to a crime to obtain an image of the commission of the crime using any camera, videotape, photo-optical, photo-electric, or any other image recording device and to transfer that image obtained during the commission of the crime by the use of a computer online service, Internet service, or any other means of electronic communication, including but not limited to a local bulletin board service, Internet chat room, electronic mail, or online messaging service for the purpose of gaining notoriety, publicity, or the attention of the public. (LA Rev Stat § 14:107.4)
What does that mean in regular English?
A principal is the person who committing the crime. So, if Joe Criminal robs a convenience store, he is the principal in that crime. An accessory is a person who helps the principal commit the crime. So if Jane Lawbreaker lets Joe borrow her gun to rob the convenience store, knowing what he plans to use the gun for, and intending to assist him in committing the robbery, she’s an accessory to the crime.
Basically under the Louisiana statute, it’s a illegal for a person who commits a crime (the principal) or for someone who assists a person in committing a crime (the accessory) to record/photograph the crime and then send it out over the Internet.
District Attorney Statement
On Tuesday, February 26th Keith Stutes, District Attorney for the 15th Judicial District, released the following statement to KATC:
“I have now received and reviewed the official report of the Scott Police Department submitted to the Office of the District Attorney for consideration of the formal filing of charges. The charge of the Unlawful Posting of Criminal Activity for Notoriety and Publicity (the offense under La. R.S. 14:107.4), reported of Meagan Adkins-Barras, occurring on or about February 20, 2019, will not be accepted for prosecution, for the fact that the circumstances do not support the proof necessary to establish all of the elements of the offense beyond a reasonable doubt. As such, the charge is now considered declined or refused.”
“The spirit and the letter of the offense require the person to be charged to be either a principal or accessory to the crime contained in the images obtained by an image recording device. Contrary to prior media reports, no action was considered, proposed or taken regarding the charges prior to receipt and review of the official report. Any assertions made by prior media reports that the charges would be amended or lessened were erroneous.”
No Criminal Charges
We are very please that the district attorney has elected not to pursue criminal charges in this matter.
Mrs. Maegan Barras is incredibly grateful to everyone who has reached out with support and well wishes.
Contact Information
Please send all communications regarding this case to:
barras.inquiries@clayburgess.com
Do not contact the office directly with questions/requests.
